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What Benefits Does Colorado FAMLI Provide?

The Colorado Paid Family and Medical Leave Insurance (FAMLI) Act provides eligible employees with job-protected, partially-paid time off, effective January 1, 2024. The Family Leave component of this new, state-required benefit can be used to care for someone, such as bonding with a new child, caring for a seriously ill family member, or preparing for a military deployment. The Medical Leave portion is for an employee’s own serious health condition; this includes pregnancy or childbirth complications, in which case an additional 4 weeks may apply.



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What FAMLI Can Be Used For

How Much Is The CO FAMLI Benefit Amount?

Benefits are calculated using the employee’s average weekly wage as indicated here :

  • 90% of the employee’s average weekly wage that is less than or equal to 50% of the CO state average weekly wage (SAWW); and
  • Plus 50% of the employee’s average weekly wage that is greater than 50% of the CO SAWW, up to the maximum weekly benefit.

In 2024, the maximum weekly benefit amount will be capped at $1,100 per week. After that, the maximum weekly benefit will capped at 90% of the CO SAWW.

 

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Colorado Department of Labor and Employment's (CDLE's) Premium & Benefit Calculator

How Much Paid Time-off Does FAMLI Provide?

Bonding icon

Bonding Leave

Up to12  WEEKS

Caring icon

Caregiving Leave

Up to12  WEEKS

including safe leave for a family member

Military Exigency icon

Military Exigency Leave

Up to12  WEEKS

Self -Care icon

Self-Care

Up to12 WEEKS

Plus an additional 4 weeks of leave available to employees with a serious health condition related to pregnancy or childbirth complications for a combined total max of 16 weeks within a benefit year.

 

CO FAMLI (Family & Medical Leave Insurance) Benefits FAQs

Who is a covered “family member?”

  • Child – regardless of age, any biological, adopted, foster, stepchild, child of a domestic partner, legal ward (incl. child whom the employee either currently stands to in loco parentis or did when the child was a minor).
  • Parent biological, adoptive or foster parent, stepparent, the domestic partner of the employee’s parent, legal guardian (incl. other person who stood in loco parentis to the employee when the employee was a minor child).
  • Spouse - includes the employee’s domestic partner
  • Grandparent
  • Grandchild
  • Sibling - (whether from a biological, foster, adoptive, or step relationship) of the employee or of the employee’s spouse or domestic partner
  • Other - other individual with whom the employee has a significant personal and family-like bond, regardless of a biological or legal relationship

Is there a waiting period to receive CO FAMLI benefits?

No, there is no waiting period. If eligible, the employee may receive benefits from the first day of leave.

What is considered a “serious health condition”?

A "serious health condition" is an illness, injury, impairment, or physical or mental condition involving inpatient care in a hospital, hospice, or residential medical care facility or continuing treatment by a health care provider. This includes complications due to pregnancy-related conditions and recovery from childbirth as well as medical treatment/mental health counseling as the result of domestic violence and sexual assault.

What does “safe leave” include?

"Safe Leave" means any leave taken because the employee themselves or the employee's family member is the victim of domestic violence, sexual assault/abuse, or stalking. This type of leave can be taken to care for / assist the person in need or to make time for supportive actions:
  • Seek a civil protection order to prevent domestic violence
  • Obtain medical care or mental health counseling to address related physical or psychological injuries
  • Make the current home secure from the perpetrator, or seek new housing to escape the perpetrator;
  • Seek legal assistance to address issues, prepare for and attend court-related proceedings.

Is job protection part of FAMLI benefits?

Yes! Once a covered employee has been at their current employer for 180 days, FAMLI benefits include job protection. The law also includes protection against retaliation.

Are FAMLI benefit payments taxable?

While famli.colorado.gov states that FAMLI benefits are not subject to state income tax, we highly suggest consulting with an appropriate professional for tax, legal, and compliance advice.. Additionally, it still requires further guidance whether FAMLI benefits will be subject to federal income tax.

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The information in this document is based on our knowledge of the CO Family & Medical Leave Insurance Act (CO FAMLI) and regulations, and may change as regulations evolve or the CO FAMLI Division issues guidance regarding the regulations. This material is for informational purposes only and is not intended to provide legal counsel. Please consult with an appropriate professional for legal and compliance advice. The information in this material is not intended as an offer of coverage. It is for illustrative purposes only, providing a general overview of the CO FAMLI program. It is not a contract. ShelterPoint Life policies are subject to Underwriting approval. Claim payment is not guaranteed; benefit amount depends on wages. All coverage extends up to policy limits. Policies are reviewed annually and may be cancelled for nonpayment. Please refer to the policy for terms under which it may be continued or cancelled, and for policy exclusions and limitations. In the event of conflicting information with the policy, the policy will take precedence over what is shown in this material. 

The ShelterPoint family of companies operates under the “ShelterPoint” name strictly as a marketing name, and no legal significance is expressed or implied. The ShelterPoint family of companies consists of ShelterPoint Life Insurance Company, a NY-domiciled carrier, and its wholly-owned subsidiary ShelterPoint Insurance Company, a FL-domiciled carrier, depending on the state. 

Available in Colorado only. Underwritten by: ShelterPoint Life Insurance Company (principal office in Garden City, NY) Policy Form # TBD


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